MONTGOMERY, Ala. — Charles “Sonny” Burton, 75, is scheduled to be executed by nitrogen gas in Alabama on March 12 for the 1991 killing of Doug Battle — a death caused not by Burton but by a co-conspirator who fired the fatal shot after the robbery. The man who pulled the trigger, Derrick DeBruce, had his death sentence vacated by a federal court, was resentenced to life imprisonment, and died in prison.

Burton was convicted of capital murder at a 1992 trial under Alabama’s felony-murder statute, which holds participants in a violent felony responsible for killings committed by other participants. He has maintained that he was not inside the store when DeBruce fired and that he did not know anyone had been hurt until the group had left the scene.

Supporters of clemency — including multiple jurors from Burton’s 1992 trial, a daughter of the victim, and his legal team — have urged Gov. Kay Ivey to spare Burton’s life, arguing it is unjust to execute a man who did not fire the fatal shot. Ivey’s spokesperson Gina Maiola said Friday the governor has no plans to grant clemency.

The robbery and the shooting

The shooting occurred Aug. 16, 1991, during a robbery at an auto parts store in Talladega. Court testimony indicated that after Burton and other robbers had left the store, DeBruce shot Battle, a 34-year-old Army veteran and father of four, who had entered the store as the robbery was winding down and exchanged words with DeBruce.

“I didn’t know anything about nobody getting hurt until we were on the way back. No, nobody supposed to get hurt,” Burton said in a telephone interview from Alabama’s Holman Correctional Facility.

Burton said DeBruce told him afterward that one man had been shot. He said he was angry at learning that and more so when he learned the man had died.

“Mr. Burton did not kill anyone. Mr. Burton did not order anyone killed. He wasn’t even in the building,” said Matt Schulz, an assistant federal defender who represents Burton.

Prosecutors at trial portrayed Burton as the ringleader of the robbery and culpable for Battle’s death under the felony-murder doctrine. Burton disputes that characterization.

Clemency appeals and the governor’s response

Maiola wrote in an email that a jury convicted Burton of capital murder and “unanimously recommended a sentence of death,” and that his conviction and sentence have been reviewed at least nine times over 33 years without any court finding reason to overturn either.

Alabama Attorney General Steve Marshall’s office has also opposed the clemency request.

Burton’s daughter, Lois Harris, held signs outside the governor’s mansion last month reading “Save My Daddy” and “Clemency for Sonny.”

“It’s not fair that he gets the death penalty and the killer gets life. It is just so wrong,” Harris said.

Battle’s daughter sent a letter to Ivey urging clemency, asking “how does it legally make sense” to execute Burton, according to the Associated Press. The AP said it was unable to reach other members of Battle’s family.

Burton said he wants to apologize to Battle’s family.

“I’m so sorry. If I had the power to bring him back, I would. I’m so sorry,” Burton said. He added that he is grateful that one of Battle’s children has offered him forgiveness.

The U.S. Supreme Court has allowed the execution of non-triggermen under certain circumstances, including participation in a felony during which another participant commits a killing.

Robin M. Maher, executive director of the Death Penalty Information Center, said the organization has documented at least 22 cases in which the person executed participated in a felony during which a victim died at the hands of another participant. She said she believes most people would agree the death penalty should be reserved for those who actually carry out a killing.

“Even people who are strongly in favor of the death penalty recognize that this situation is wrong,” Schulz said.

Alabama began using nitrogen gas as its execution method in 2024. Burton is scheduled to die by that method on March 12.